American Bar Association Inside Practice
January 2008: Volume 7, Issue 1

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Letter From the Publisher

Dear Colleagues:

As we move into a new year, it’s a good time to prepare for the challenges ahead and enhance your skills for 2008.

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In this Issue:
Practice Essentials-Articles
Book Briefs Podcast
Online CLE
New Books
Coming Soon!

The University of Alabama

ABA Publishing Practice Essentials - Articles

Now you can have instant access to articles previously available only to members of certain ABA entities. Articles from Litigation, Probate & Property, The SciTech Lawyer, and Experience are available as searchable PDF downloads.

View the list of available article titles »


New Practice Information

Representing Persons with Mental Disabilities
One barrier to the effective representations of persons with mental disabilities may be the lawyers’ reactions to their clients. During the initial client interview, if it becomes apparent that the person has a mental disability or the client discloses that fact, you should take the opportunity to learn as much about the client’s impairment as necessary to aid in communications with the client and representation of his or her legal interests and assess the client’s mental capacity.

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Innkeeper Liability
Innkeepers are held to the highest standard of care of all landlords. When a guest at a hotel or motel is the victim of a crime, the landowner is confronted with a very difficult lawsuit. Aside from the elevated standard of care issue, there is something inherently frightening about crimes committed in a hotel or motel. Jurors can easily relate to this scenario, and the defense should expect that jurors will have little tolerance for crimes committed in hotels or motels.

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Representing the Transsexual and Transgender Client
Representing transsexual and transgender clients in cases involving their transgender status can be emotionally and professionally challenging. This area of the law is too often grounded in prejudice and fear rather than sound legal and scientific analysis. Lawyers representing transsexuals will find themselves serving as educators as much as advocates.

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A Really Simple Way to Stay Informed
Even if you do not have time to regularly visit Weblogs (“blogs”) you find useful, you can arrange to have information on new posts delivered directly to you. Many blogs utilize Web feeds. By monitoring RSS (Really Simple Syndication) feeds that are closely related to your areas of practice or interest, you can quickly keep up to date on any topic you choose.

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Is E-mail a Public Record?
Laws governing access to public records were adopted well before the computer became a pervasive part of the daily functioning of government and in an age when the defining line between government and private entities was more brightly defined. One question that has come to face state governments is “Is e-mail a public record?”.

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Protecting IP in an Outsourcing Deal
Your client, a software company, has decided to outsource its manufacturing to India. As more and more of its operations now will be conducted offshore, how can you help your client protect its intellectual property? Are there traps to be aware of?

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Blogging: Ethical Considerations for the Lawyer Legal Implications for the Client (Online Course)

This course will help round out your understanding and approach to law blogs by examining their development, content, and marketing, including appropriate topics, ideas for posts, participation in blogging communities, and optimizing blogs for search engines. Ethical considerations in regard to the rules of professional responsibility are also examined, with specific focus on Sections 7.1-7.5 of the ABA Model Rules of Professional Conduct.

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The ABA Book Briefs Podcast

The ABA Book Briefs Podcast is a series of audio interviews, discussions, and readings from ABA Books. Our Feature Podcasts are about 10 - 15 minutes in length and come out once a month. Occasionally we offer Special Podcasts. You can listen to each podcast individually or you can subscribe to receive them automatically when they are released.

Rainmaking in a Really Small Town
Listen to an excerpt from the audio CD of How to Capture and Keep Clients.

Find out more about the How to Capture and Keep Clients: Marketing Strategies for Lawyers.

Listen to Other Author Interviews or Subscribe »


Harvard Business School Press

ABA Members can now save on Harvard Business School’s Negotiation newsletter. If you are an ABA Member, in order to receive your special subscription price, please specify the Product Code: 08Z00ABA.

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New Books

Careers in International Law, Third Edition
Section of International Law

eDiscovery: Current Trends and Cases
ABA Publishing

Gay, Lesbian and Transgender Clients – A Lawyer’s Guide
General Practice, Solo and Small Firm Section

The Lawyer’s Guide to Buying, Selling, Closing, and Merging a Law Practice
General Practice, Solo and Small Firm Division, Senior Lawyers Division

Leadership for Lawyers, Second Edition
ABA Publishing

Model Business Corporation Act Annotated, Fourth Edition
ABA Section of Business Law

Property Insurance Litigator's Handbook
Section of Tort Trial and Insurance Practice Section

Premises Security Litigation, Third Edition
Section of Tort Trial and Insurance Practice Section

Science for Lawyers
Section of Science and Technology Law


Hofstra Law School


Coming Soon!

America Votes! A Guide to Modern Election Law and Voting Rights
Section of State and Local Government Law

Analyzing Law's Reach
American Bar Foundation and ABA Publishing

Franchise Desk Book, Second Edition
Forum Committee on Franchising

Garner on Writing and Language
ABA Publishing

Model Business Corporation Act, 2007
ABA Section of Business Law

Modern Rules of Business Etiquette
ABA Publishing

Preventing and Managing Workplace Violence – Legal and Strategic Guidelines
Section of State and Local Government Law


Supreme Court Preview

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References may be kept up to date through periodic supplementation, revisions, and companion volumes sent on approval. Any supplementation issued within three months of purchase will be sent at no additional charge. You may change or cancel any upkeep service at any time by notifying the American Bar Association in writing.

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